OCTOVID TERMS AND CONDITIONS

Last updated July 2020

BACKGROUND:

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use the Octovid Player web application or our website, www.octovid.com (together, referred to herein as “Our App”).  Please read these Terms and Conditions carefully and ensure that you understand them.  You will be required to read and accept these Terms and Conditions when signing up for an Account and purchasing a Subscription.  If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our App immediately.

1. Definitions and Interpretation 

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Account”

means an account required to access and use Our App, as detailed in Clause 4;

“Content”

means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our App;

“Contract”

means the contract between Us and you for the purchase and sale of a Subscription to Our App, as explained in Clause 6;

“Order”

means your order for a Subscription;

“Subscription Confirmation”

means Our acceptance and confirmation of your Order;

“Subscription”

means a subscription to access Our App, purchased in accordance with these Terms and Conditions;

“User”

means a user of Our App;

“User Content”

means any images and videos created and/or uploaded by Users in or to Our App (whether uploaded from a phone desktop or a stock library); and

“We/Us/Our”

means Octovid Limited, a limited company registered in Ireland under company number 634576, whose registered address is 14a Magennis Pl, Dublin 2, Ireland.

2. Information About Us

Our App is owned and operated by Octovid Limited, a limited company registered in Ireland under company number 634576, whose registered address is 14a Magennis Pl, Dublin 2, Ireland.

3. Access and Changes to Our App

3.1 Our App is a dynamic video marketing tool for professional digital marketers who want to better connect with their audience. Our App creates real-time, personalised video ads at scale to empower you to connect on a one-to-one level with your audience, through personalised videos.

3.2 Our App provides you with the power to communicate your message directly with individual customers in real-time while utilising data We hold on the customer’s location, language, time and local weather conditions. This allows you to create highly targeted video ads, and to deploy them instantly. 

3.3 You may use URLs to populate information in the video player contained within Our App. This allows you to direct your customers and newsletter subscribers to a URL of your choice.

3.4 You understand and agree that We rely on third party data points in order to provide the real-time updates to your customers. We cannot guarantee the reliability of this data, and you understand and agree that this may, from time to time, produce inaccurate results due to end viewers using IP services which may connect via terminals in different locations. Weather conditions that are reflected in messages to individual customers may be delayed by a few hours, and you understand that this is out of our control.

3.5 You are permitted to use Our App either embedded into your own website, or use it ‘offsite’ (i.e. use it within a Google Ad Display Network campaign or anything similar). If you do this, you understand and agree that it is your responsibility to ensure that you comply with the relevant ad networks policies and procedures, and you hereby indemnify us and hold us harmless against any breach of these third party policies and procedures.

3.6 Access to Our App can either be ‘pay as you go’ or via a Subscription. Access to Our App requires a Subscription.  Upon purchasing a Subscription, Our App will be available to you for the duration of that Subscription and any and all subsequent renewals.

3.7 If you opt for our pay as you go pricing model, this will operate using a prepaid credit system. Our credits are known as ‘view credits’. This operates as follows:

3.7.1 whenever an individual views a video you have created, this is treated as one ‘view credit’ (please note that this includes those landing on your website in response to an email campaign, as well as visitors to your website that may or may not have derived from the initial email campaign, although excludes views by you, as Octovid account holder, when creating or editing the project from the Octovid account dashboard);

3.7.2 the total views of the said video are equal to the total view credits, across any or all videos you have created using your Octovid account;

3.7.3 your view credits do not expire over time, and can be used by you as and when required;

3.7.4 when you set up a trial account on Our App, you will be provided with a set number of view credits, available for the trial period, without charge;

3.7.5 once your account runs out of view credits, your videos will be temporarily suspended until additional credits are purchased. During this time, your video will no longer be accessible, and will display a notice stating that your account has been temporarily suspended;

3.7.6 additional view credits may be purchased through the Octovid dashboard, with one unit being equal to 1,000 views (and you may add multiple units during the purchase process);

3.7.7 optional add-ons may be available at additional cost; and

3.7.8 please note that total views and remaining view credits are available to view at any time through your Octovid dashboard.

3.8 We may from time to time make changes to Our App:

3.8.1 Minor changes may be required to make underlying technical alterations, for example, to fix an error or to address a security issue.  We will inform you by email or within your account dashboard of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Our App;

3.8.2 Minor changes may be made to reflect changes in the law or other regulatory requirements.  We will inform you by email or within your account dashboard of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Our App; and

3.8.3 We may develop and improve Our App over time, in some cases making significant changes to it.  You will be kept fully informed of any and all such changes.

Where we do make such changes, we will do our best to provide you with the updates listed above; however, we are not obliged to do so. We may also provide such updates with little or no notice.

3.9 We will always aim to ensure that Our App is available at all times.  In certain limited cases, however, We may need to temporarily suspend availability to make certain changes outlined under sub-Clause 3.2.  Unless We are responding to an emergency or an urgent issue, We will inform you in advance of any interruptions to the availability of Our App.  If We need to suspend Our App for longer than 14 days, We will add the corresponding time to the duration of your current Subscription period at no cost to you.

4. Accounts

4.1 An Account is required to use Our App.

4.2 You may not create an Account if you are under 18 years of age.  

4.3 When creating an Account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

4.4 We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols. It is your responsibility to keep your password safe.  If you believe your Account is being used without your permission, please contact Us immediately.  We will not be liable for any unauthorised use of your Account.

4.5 You must not use anyone else’s Account. If someone else uses your Account, you are responsible for all activity undertaken in relation to your Account, including all User Content.

4.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the Data Protection Act, as set out in Clause 21.

4.7 If you wish to close and delete your Account, you may do so at any time by emailing us at support@octovid.com.  Closing your Account will result in the removal of your information from Our system.  If you have an active Subscription, your Account will remain active for the duration of the remainder of the Subscription period you are currently in.  Closing your Account will cancel the auto-renewal of your Subscription, where applicable.  Closing your Account will also remove any User Content that you have created or uploaded to Our system.  Where you choose to close your Account or cancel your subscription, all User Content shall automatically cease to operate (including all marketing material you have already sent via Our App).

4.8 In the event that you offer the Services of Our App to another business, it remains your responsibility to comply with these Terms and Conditions.

5. Subscriptions, Pricing and Availability

5.1 We make all reasonable efforts to ensure that all general descriptions of the services available from Us (specifically, Our App) correspond to the actual services that will be provided to you.  

5.2 Where appropriate, you may be required to select your required Subscription.  Different types of Subscription provide access to different features in Our App.  Please ensure that you select the appropriate Subscription when prompted.

5.3 All pricing information is correct at the time of going online.  We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.  Changes will not affect Subscriptions that have already been purchased , but may affect renewals of Subscriptions.

5.4 All prices do not include VAT.

5.5 We may offer access to Our App via an initial free trial. If We do this, you will be automatically subscribed to the lowest level of Subscription at the end of the free trial, unless you inform Us otherwise.

5.6 We reserve the right to offer promotions and coupon codes from time to time. This shall not impact Subscriptions that are currently in operation.

5.7 You are liable for overage charges, based on usage of Our App, as per the most recent overage charges. This is as Our App is based on views per video. You will be given the option to select an appropriate package for expected views of your content. In the event that your content receives more views than anticipated and paid for, We reserve the right to suspend the service until you have made a top-up payment.

5.8 You are responsible for payment of all taxes, duties, levies or otherwise in your usage of Our App. We are not responsible for payment of any taxes on your behalf.

5.9 We collect the IP addresses of those viewing your videos, the date they have viewed those videos and your account ID, to determine the number of views each of your videos receives. This allows Us to accurately track the viewing numbers, and to charge you accurately in accordance with this Clause 5.

6. Subscriptions – How Contracts Are Formed

6.1 You will be guided through the Subscription process when you make a purchase.  Before confirming a purchase, you will be given the opportunity to review your chosen Subscription and amend any errors in your Order.  Please ensure that you check carefully before confirming your purchase.

6.2 No part of Our App, website or any other material constitutes a contractual offer capable of acceptance.  By purchasing a Subscription, you are making Us a contractual offer that We may, at Our sole discretion, accept.  Our acceptance is indicated by Us sending you a Subscription Confirmation by email.  Only once We have sent you a Subscription Confirmation will there be a legally binding contract between Us and you (“the Contract”).

6.3 Subscription Confirmations contain the following information:

6.3.1 Confirmation of your chosen Subscription;

6.3.2 Fully itemised pricing, including, where appropriate, taxes and other additional charges; and

6.3.3 Details of the duration of your Subscription including the start date and the end and/or renewal date.

6.4 If We do not accept or cannot process your Subscription purchase for any reason, no payment will be taken under normal circumstances.  If We have taken payment in such circumstances, the payment will be refunded to you as soon as possible.

6.5 Subject to the cancellation provisions in Clause 8, once you have confirmed your Subscription purchase, your Subscription cannot be changed until the end or renewal date of that Subscription. Changes made to an auto-renewing Subscription will take effect when the Subscription is renewed.

6.6 By purchasing a Subscription, you are expressly requesting that you wish access to Our App to be made available to you immediately (and will be required to acknowledge this).

7. Payment

Payment for Subscriptions will be due at the time of purchase.  Your chosen payment method will be billed immediately upon confirmation of your Subscription.

8. Cancellation

8.1 You may cancel at any time in the following limited circumstances and you may be entitled to a full or partial refund for services or digital content not provided:

8.1.1 We have incorrectly described Our App or it is faulty (please refer to Clause 16 for more details); or

8.1.2 We have informed you of an upcoming change to Our App or to these Terms and Conditions that you do not agree to; or

8.1.3 We have informed you of an error in the price or description of your Subscription or Our App and you do not wish to continue; or

8.1.4 There is a risk that the availability of Our App may be significantly delayed due to events outside of Our control; or

8.1.5 We have breached these Terms and Conditions or have in any way failed to comply with Our legal obligations to you.

8.2 Subject to sub-Clause 8.1, non-renewing Subscriptions cannot be cancelled. Auto-renewing Subscriptions can be cancelled at any time, however, no refunds can be provided and you will continue to have access to Our App for the duration of the remainder of the Subscription period you are currently in.  Cancelling an auto-renewing Subscription only prevents it from being auto-renewed.

8.3 To cancel a Subscription for any reason, please inform us by email to support@octovid.com.

8.4 In certain limited circumstances, We may cancel your Subscription and/or close your Account.  If We take such action, you will be notified by email and We will provide an explanation for the cancellation and/or closure.

8.4.1 If your Account is closed and your Subscription cancelled because you have breached these Terms and Conditions, you will not be entitled to a refund.  If you believe We have closed your Account and cancelled your Subscription in error, please contact Us at support@octovid.com.

8.4.2 If your Account is closed and/or your Subscription is cancelled for any other reason, you will be refunded the remaining balance of your Subscription.  The refund will be calculated based upon the price of your Subscription being divided by the total number of days in the Subscription and multiplied by the number of whole days remaining until the end of the Subscription (or, in the case of auto-renewing Subscriptions, until the renewal date).

9. Our Intellectual Property Rights and Licence

9.1 We grant Users a limited, non-exclusive, revocable, worldwide, non-transferable licence to use Our App to provide personalised advertising via video adverts to customers, for business purposes, subject to these Terms and Conditions.

9.2 Subject to the licence granted to Us under sub-Clause 9.3, Users retain the ownership of copyright and other intellectual property rights in their User Content (subject to any third party rights in that User Content and the terms of any licence under which you use such Content). Where you upload content that is owned by a third party, it is your responsibility to ensure you have the rights to use such Content, and you hereby hold Us harmless and indemnify Us against any breach of this requirement.

9.3 All other Content included in Our App (including all user-facing material, and all underlying material such as code, software and databases) and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content is protected by applicable Ireland and international intellectual property laws and treaties.

9.4 By accepting these Terms and Conditions, you hereby undertake:

9.4.1 Not to copy, download or otherwise attempt to acquire any part of Our App;

9.4.2 Not to disassemble, decompile or otherwise reverse engineer Our App;

9.4.3 Not to allow or facilitate any use of Our App that would constitute a breach of these Terms and Conditions; and

9.4.4 Not to embed or otherwise distribute Our App on any website, ftp server or similar.

10. Links to Our App

10.1 You may link to where Our App is hosted provided that:

10.1.1 You do so in a fair and legal manner;

10.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

10.1.3 You do not use any of Our logos or trade marks (or any others displayed on Our App) without Our express written permission; and

10.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

10.2 You may not link to Our App from any other website the content of which contains material that:

10.2.1 Is sexually explicit;

10.2.2 Is obscene, deliberately offensive, hateful or otherwise inflammatory;

10.2.3 Promotes violence;

10.2.4 Promotes or assists in any form of unlawful activity;

10.2.5 Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

10.2.6 Is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

10.2.7 Is calculated or is otherwise likely to deceive another person;

10.2.8 Is designed or is otherwise likely to infringe (or threaten to infringe) another person’s privacy;

10.2.9 Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 10.2);

10.2.10 Implies any form of affiliation with Us where none exists;

10.2.11 Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents and database rights) of any other party; or

10.2.12 Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

11. Links to Other Content

We may provide links to other content such as websites, web apps and downloadable apps.  Unless expressly stated, this content is not under Our control.  We neither assume or accept responsibility or liability for such third party content.  The provision of a link by Us is for reference only and does not imply any endorsement of the linked content or of those in control of it.

12. User Content

12.1 When using Our App, you will be permitted to create, contribute or share User Content with other parties. Our App and any User Content is hosted on aws eu-west-1 (Europe, Ireland).

12.2 You agree that you will be solely responsible for any and all User Content that you create or upload using Our App, in whatever format this is uploaded or created in.  Specifically, you agree, represent and warrant that you have the right to create or upload the User Content and the right to use all materials of which it is comprised and that it will not contravene any aspect of Our Acceptable Usage Policy, detailed in Clause 14. You acknowledge and agree that We are not responsible for any third party intellectual property claim in respect of any User Content.

12.3 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 12.1.  You will be responsible for any loss or damage suffered by Us as a result of such breach.

12.4 You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein.  By creating or uploading User Content, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating Our App.

12.5 If you wish to remove User Content, you may do so by emailing us at support@octovid.com.  Removing User Content also revokes the licence granted to Us to use that User Content under sub-Clause 12.3.  You acknowledge, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).

12.6 We may reject, reclassify, or remove any User Content created or uploaded using Our App where that User Content, in Our sole opinion, violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.

13. Intellectual Property Rights and User Content

13.1 All User Content and the intellectual property rights subsisting therein, unless specifically labelled otherwise, belongs to or has been licenced by the relevant User.  All User Content is protected by applicable Irish and international intellectual property laws and treaties.

13.2 Users may not copy, distribute, publicly perform, publicly display, reproduce or create derivative works based upon, another User’s User Content without first obtaining the express consent of the User to whom the User Content in question belongs.

13.3 You acknowledge and agree that, by providing User Content on Our App, you hereby grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable licence to use, process, store, copy, reproduce, reformat, translate, modify and create derivative works of the User Content to allow you to provide real-time marketing videos to your customers.

14. Acceptable Usage Policy

14.1 You may only use Our App in a manner that is lawful and that complies with the provisions of this Clause 14.  Specifically:

14.1.1 You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;

14.1.2 You must not use Our App in any way, or for any purpose, that is unlawful or fraudulent;

14.1.3 You must not use Our App to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data of any kind; and

14.1.4 You must not use Our App in any way, or for any purpose, that is intended to harm any person or persons in any way.

14.2 The following types of User Content are not permitted on Our App and you must not create, submit, communicate or otherwise do anything that:

14.2.1 is sexually explicit;

14.2.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;

14.2.3 promotes violence;

14.2.4 promotes or assists in any form of unlawful activity;

14.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

14.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

14.2.7 is calculated or otherwise likely to deceive;

14.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;

14.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 14.2);

14.2.10 implies any form of affiliation with Us where none exists;

14.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or

14.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

14.3 We reserve the right to suspend or terminate your Account and/or your access to Our App if you materially breach the provisions of this Clause 14 or any of the other provisions of these terms and conditions.  Specifically, We may take one or more of the following actions:

14.3.1 Suspend, whether temporarily or permanently, your Account and/or your right to access Our App (for more details regarding such cancellation, please refer to sub-Clause 8.9);

14.3.2 Remove any of your User Content which violates this Acceptable Usage Policy;

14.3.3 Issue you with a written warning;

14.3.4 Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

14.3.5 Take further legal action against you as appropriate;

14.3.6 Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or

14.3.7 Any other actions which We deem reasonably appropriate (and lawful).

14.4 It is possible that a third party may amend the URL included within the marketing messaging generated by Our App to include wording that you have not approved. The result of this could be that those receiving the marketing messaging are offended by such wording. We use all best endeavours to ensure this cannot happen, but we cannot guarantee this, and you acknowledge that this is a risk.

14.5 We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that We may take in response to breaches of these Terms and Conditions.

15. Advertising

15.1 We may feature advertising within Our App and We reserve the right to display advertising on the same page as any User Content.

15.2 You agree that you will not attempt to remove or hide any advertising using HTML/CSS or by any other method.

16. Our Liability

16.1 As you are a business customer, to the fullest extent permissible by law, We accept no liability for any foreseeable loss in contract, tort (including negligence), for breach of statutory duty, or otherwise arising out of or in connection with the use of (or inability to use) Our App or the use of or reliance upon any Content (whether that Content is provided by Us or whether it is User Content) included in Our App.

16.2 To the fullest extent permissible by law, We accept no liability to consumers or businesses for loss or damage that is not foreseeable. We provide Our App on an ‘as is’ and ‘as available’ basis, and do not warrant or guarantee there will be no faults or issues with Our App. You are responsible for the User Content, and you agree to use Our App at your own risk.

16.3 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our App or any Content (including User Content) included in Our App. 

16.4 We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage. We are not liable for any suspension, discontinuation of services, price change or modification in respect of a third party service provider (including but not limited to providers of weather information or location look-up services).

16.5 We exercise all reasonable skill and care to ensure that Our App is free from viruses and other malware.  Subject to sub-Clause 16.2.1, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our App (including the downloading of any Content (including User Content) from it) or any other website or service that We may provide a link to.

16.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our App resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

16.7 Nothing in these Terms and Conditions excludes or restricts Our liability in any situation where it would be unlawful for us to do so including fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of applicable consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

17. Viruses, Malware and Security

17.1 We exercise all reasonable skill and care to ensure that Our App is secure and free from viruses and other malware.  We do not, however, guarantee that Our App is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 18.6.

17.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.

17.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our App.

17.4 You must not attempt to gain unauthorised access to any part of Our App, the server on which Our App is stored, or any other server, computer, or database connected to Our App.

17.5 You must not attach Our App by means of a denial of service attack, a distributed denial of service attack, or by any other means.

17.6 By breaching the provisions of sub-Clauses 17.3 to 17.5 you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our App will cease immediately in the event of such a breach and, where applicable, your Account will be suspended and/or deleted.

18. Privacy and Cookies

The Use of Our App is also governed by Our Privacy and Cookie Policy, available from https://octovid.com/legal/privacy-and-cookie-policy/.  This policy is incorporated into these Terms and Conditions by this reference. All personal information that We may collect (including, but not limited to, your name and contact details) will be collected, used, and held in accordance with the provisions of the Data Protection Act 2018 and your rights and Our obligations under that Act.

19. Other Important Terms

19.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

19.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.

19.3 The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

19.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable.

19.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

19.6 Verbal, written, physical or any other abuse (including threats thereof) of Us or any of Our employees, members, customers or agents will result in immediate termination of your Account.

20. Changes to these Terms and Conditions

20.1 We may alter these Terms and Conditions at any time.  Any such changes will become binding on you upon your first use of Our App after the changes have been implemented.  You are therefore advised to check this page from time to time.

20.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

21. Contacting Us

To contact Us, please email Us at support@octovid.com. Please note that technical support is only available via email.

22. Law and Jurisdiction

22.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of the Republic of Ireland.

22.2 Any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of the Republic of Ireland.